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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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This is the original version (as it was originally enacted).

Part 1Rehabilitation of offenders: general

Rehabilitation of Offenders Act 1974: England and Wales

1The Rehabilitation of Offenders Act 1974 is amended as follows.

2In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “England and Wales”.

3In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “England and Wales”.

4Omit section 3 (special provision with respect to certain disposals by children’s hearings under the Social Work (Scotland) Act 1968).

5In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “England and Wales”.

6(1)Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2)In subsection (2)(a) for “Great Britain” substitute “England and Wales”.

(3)In subsection (3) for “Great Britain” substitute “England and Wales”.

7Omit section 8(8) (defamation actions: application of section to Scotland).

8In section 8A(2)(d) (definition of “caution”) after “Wales” insert “and which is not an alternative to prosecution (within the meaning of section 8AA)”.

9(1)Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2)In subsection (3) omit “(or, in Scotland, the accused person)”.

(3)In subsection (8) omit “, in England and Wales,”.

10After section 10(1) (orders) insert—

(1A)Any power of the Secretary of State to make an order under any provision of this Act includes power—

(a)to make different provision for different purposes, and

(b)to make incidental, consequential, supplementary, transitional, transitory or saving provision.

(1B)The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.

11Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).

Rehabilitation of Offenders Act 1974: Scotland

12The Rehabilitation of Offenders Act 1974 is amended as follows.

13In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “Scotland”.

14In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “Scotland”.

15In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “Scotland”.

16(1)Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2)In subsection (2)(a) for “Great Britain” substitute “Scotland”.

(3)In subsection (3) for “Great Britain” substitute “Scotland”.

17(1)Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2)In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “accused person”.

(3)Omit subsection (8).

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